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RE: [atlarge-discuss] ICANN & WIPO Recommendations



Danny Younger brought to our attention:

| Resolved [03.83] that the President is directed to form, in
| consultation with the chairs of the GNSO Council, the ALAC,
| and the GAC, a working group including participants in the
| GNSO, the ALAC, and the GAC as well as Board members,for
| the purpose of analyzing the practical and technical aspects
| of implementing the WIPO recommendations, and notably the
| implications for the UDRP;

Here they go again. This was expected.  WIPO and ICANN have always had an
incestuous relationship.

I have no particular problem with the general concept of protecting the
names of "International Intergovernmental Organizations," as they call them,
but I do have a problem with protecting their acronyms:  it's highly likely
that many acronyms being used by IGOs might currently be in use as
legitimate domains by businesses, many of which were forced to use an
acronym to represent their company name because the domain for the name was
already taken.  As written, WIPO's proposal ignores this, claiming that the
only two legitimate reasons for using an acronym are "to suggest to the
public that a connection exists between the domain name holder and the IGO"
and "to mislead the public as to the existence of a connection between the
domain name holder and the IGO".  As you can see, I've already identified a
legitimate reason they are ignoring.  If they are going to implement this,
domain name holders doing legitimate business using the domain, and not
trying to pass themselves off as the IGO in question, should be
"grandfathered" and left alone!

We also need to be careful about limiting how country names are proscribed.
For instance, Canada.com, run by CanWest Interactive Inc., is a very popular
site among some Canadian expatriots I know, who use it to keep tabs on
what's happening back home.  This Web site is certianly doing a good job of
protraying their host country in a very positive light.  But if WIPO has
their way, it could potentially be closed down (note that Canada joined the
USA and Austrailia is "disassociating" from this, so it is probably
secure!).  Again, the WIPO proposal should be modified to "grandfather"
existing domains that are not trying to misrepresent themselves as an
official voice of the country's government.  A simple disclaimer on the home
page would easily clear that up!

Bruce Young
Portland, Oregon, USA
bruce@barelyadequate.info
http://www.barelyadequate.info
--------------------------------------------
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